When bandh ruled the day

Last Monday was a unique experience for any non-Tamil Nadu residents who were in Chennai (the wife and I were there-lah) for it was a day of bandh.

Bandh? What is a bandh, we wondered too.

Our friends said it was called by the DMK government to protest over the brouhaha over the bridge purportedly built by Lord Ram.

Anyway, the bandh was declared unconstitutional by the Indian Supreme Court on Sunday and the DML-led TN government said it would adhere to the court order and invoke a hunger strike instead.

Given this new development, many thought things would be normal in Chennai on Monday.

But when Monday came, it WAS a bandh day after all. Places of business were closed - not voluntarily in many places though, schools shut, public buses remained in their depots, cities deserted, etc.

Of course the state government said it adhered to the court ruling and that there was no bandh (read TN CM Kalaignar’s response here).

On the ground however, it was different. Chennai’s buzz was missing. No incessant sounding of horns on the roads. Shops, restaurants and stalls remained closed.

Even the impressive Mayajaal amusement park which houses an excellent cineplex outside the city centre remained locked until 6pm for a show which started at 6.10pm.

All feared reprisals from DMK cadres if they had opened for business. Some in TN were roughed up for choosing not to obey bandh!

So, what is a bandh then?

Well, according to a Kerala High Court ruling, a bandh is:

"...the concept of a bandh as one where people are expected not to attend to their work or to travel for any purpose nor to carry on their trades, with a threat held out, either express or implied that any attempt to go against the call for the bandh would result in danger to their person and property. The court further held that although there may not be an overt threat of violence in a call for bandh yet there is clearly "a menacing psychological fear" of serious consequences to the person who disobeys the call."

Here is an excerpt from an article written by a former Indian attorney general:

"The court vividly pointed out that when a bandh is called no locomotion is possible. No vehicle can be put on the road because public and private vehicles taken out are attacked and damaged, no student can go to school, no patient can go to his doctor, no one can reach the airport to travel abroad, no lawyer can attend court and thus judicial work is paralysed.

The court did recognise that political parties and organisers have a right to call for non-cooperation or for a general strike (hartal) as a form of protest.

It however rejected the argument that a bandh with its potential consequences was the only form of protest available to a political party.

In the court’s view, a call for a bandh effectively precludes citizens from exercising their fundamental rights and was therefore unconstitutional."

Read Soli J Sorabjee article here.